THE FAMILY AND THE LAW

LEONORA SECONDARY SCHOOL

SOCIAL STUDIES
GRADE 10 HANDOUT
Lesson 9 – The family and the law
Why laws exist?
Laws were introduced so that the Government can protect the interest of individual family
members.
Laws related to inheritance
What is inheritance?
Inheritance is the money or property that passes from a deceased person to his successors.
A person receiving an inheritance is called a beneficiary and what each should received is
described in a person’s will.
Why inheritance laws are important?
Inheritance laws prevent relatives from taking money or property that rightfully belongs to
the intended beneficiary or a deceased person.
Laws related to childcare
Family law legislation (such as the Child Care and Protection Act in Jamaica) see to establish
in law the responsibilities of parents to provide maintenance for unmarried children they
have up to the age of 18 (Is it the same in Guyana?). In some circumstances, the court can
extend the requirement beyond 18 if, for example it is proven that the child needs support
in order to complete their education or they have a physical or mental disability.
Other laws attempt to ensure that:
- A single parent receives money for the maintenance of a child from the other parent
- Parents do not leave their child or children unattended for long periods without
making provision for their safekeeping.

Laws related to legal separation

What is a legal separation?
A legal separation is the separation of a married couple by an order of the court. It is often a
stem taken before a couple divorce. A legal separation does not end the marriage but if
gives married partners certain rights while they live separately and will usually involve some
legal binding agreements being made concerning monies due to both parties.
THE FAMILY AND THE LAW

Laws related to divorce

What is a divorce?
A divorce is the legal termination of a marriage and is the only way in which a marriage can
be legally ended. Such an ending is known as an annulment. List three grounds for divorce.
A partner seeking a divorce is a petitioner. He or she must prove to the courts that the
marriage has broken down and that the relationship is unlikely to improve. This is known as
‘irretrievable breakdown of the marriage’. To satisfy the court that this is the situation, it
must be proved that the couple have separated and lived apart for at least 12 months.
Couples who have been married for less than two years will not be granted a divorce unless
the courts are satisfied that all efforts have been made to retrieve the marriage, including
assistance from marriage counsellors.
Divorce law also provide that one party to the marriage is liable to maintain the other party
if that the other party is unable to support themselves for any of the following reasons:
- The partner has to take care of a child of the marriage who is under 18
- The partner’s age or physical or mental condition prevents them from working to
earn a living
- Any other reasonable reason
The money a court orders a partner to pay is called alimony.
Activity
Explain how the laws protect individuals in domestic violence.

Prepared Friday, October 9, 2020